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IRIS 2020-5:1/18 [NL] COVID-19 measures implemented by Netherlands Film Fund

On 20 March 2020, the Netherlands Film Fund (Nederlands Filmfonds), the national agency responsible for supporting film production and film-related activities in the Netherlands, announced a number of important measures in light of the COVID-19 pandemic. Four specific measures were announced for the film and audiovisual sector. First, the Fund announced that there would be an easing of the subsidy conditions and obligations currently being implemented for films and film activities already subsidised by the Fund. For example, this will include an extension for film productions with...

IRIS 2020-4:1/13 [NL] Appeal Court refuses to order removal of article from online media archive

On 3 March 2020, the Gerechtshof Amsterdam (Amsterdam Court of Appeal) delivered a notable judgment on online news media archives, and whether media should be required to remove certain old articles which continue to appear in Google Search results from their online archives. The case centred on an article published in 1999 by the Dutch media outlet de Volkskrant, which reported on the claimant’s involvement with a “pyramid-scheme” company that had gone bankrupt. In 2011, the claimant sent a request to the media outlet to remove the article from its online archive, which is...

IRIS 2020-4:1/12 [NL] Judgment on request for removal and rectification of investigative TV programme

On 30 January 2020, the Rechtbank Midden-Nederland (Midden-Nederland District Court) delivered an important judgment, refusing to order the removal or rectification of an investigative TV programme broadcast by a Dutch public broadcaster. The litigation received a great deal of coverage in Dutch media, and the judgment set out the principles the Court will apply when determining whether there is a sufficient factual basis for investigative reporting.   The case arose on 26 November 2019, when the Dutch public broadcaster AVROTROS broadcast an episode of its long-running Opgelicht investigative...

IRIS 2020-3:1/10 Broadcaster prohibited from making recordings in court during high-profile case

On 24 January 2020, the District Court of Noord-Nederlands announced that the Dutch broadcaster RTL was no longer permitted to make recordings in the court during an ongoing high-profile case. Furthermore, the court announced that RTL, with the exception of its news programme RTL Nieuws, was prohibited from making recordings for other broadcasters in the court for the next three months. The court stated that the measures were being imposed due to a programme broadcast by RTL on 21 January 2020.     The issue arose in a case currently before the court, known as the Ruinerwold case,...

IRIS 2020-3:1/9 Court dismissed TV presenter’s application to have online article removed

In its judgment of 20 December 2019, the Rechtbank Amsterdam (District Court of Amsterdam) delivered an important judgment on tabloid journalism in the Netherlands, ruling that media outlet TMG did not have to remove a sensationalist, online article on a well-known singer’s alleged adultery with a television host – the claimant – in 2014. The district court held that the media outlet’s freedom of expression, as guaranteed by Article 10 of the European Convention on Human Rights (ECHR), outweighed the television host’s right to privacy, as enshrined in Article 8 ECHR...